Water Industry Act 1991

[F1 117G Codes under section 117F: procedure E+W

(1) Before issuing a code under section 117F, the Authority must—

(a) prepare a draft of the proposed code under section 117F, and

(b) consult persons in accordance with subsections (2) and (3).

(2) The relevant persons are—

(a) the Secretary of State;

(b) the appropriate agency;

(c) the Council;

(d) any sewerage undertakers likely to be affected by the proposed code;

(e) any sewerage licensees likely to be affected by the proposed code;

(f) such other persons as the Authority thinks appropriate.

(3) The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.

(4) Before a code under section 117F prepared by the Authority is issued for the first time, the Secretary of State may direct the Authority—

(a) not to issue the code, or

(b) to issue the code with specified modifications.

(5) A direction under subsection (4) must be given within the period of 28 days beginning with the day after the end of the consultation period, and a code in relation to which a direction may be given may not be issued before that period of 28 days has expired.

(6) In this section “the appropriate agency” means—

(a) the Environment Agency, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in England;

(b) both the Environment Agency and the NRBW, in relation to section 117E agreements made with sewerage undertakers whose areas are partly in England and partly in Wales.

(7) This section is subject to section 117H.]

Textual Amendments

F1 Pt. 4 Ch. 2A inserted (1.9.2015 for the insertion of s. 117G (except s. 117G(2)(e)(7)), 1.9.2015 for the insertion of s. 117K (except s. 117K(2)(e)(8)), 1.4.2016 for the insertion of ss. 117G(2)(e), 117P(4), 117R, 117S, 1.9.2016 for the insertion of ss. 117I for specified purposes, 117J, 117K(2)(e)(8), 117L, 30.3.2017 for the insertion of s. 117G so far as not already in force and ss. 117F, 117H) by Water Act 2014 (c. 21), s. 94(3), Sch. 4; S.I. 2015/773, art. 3(d) (with art. 5); S.I. 2015/1469, art. 3(e); S.I. 2016/465, arts. 2(k), 3(f) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/462, art. 2(d)